State v. Rico, 366 N.C. 327 (Dec. 14, 2012)

For the reasons stated in the dissenting opinion below, the court reversed State v. Rico, 218N.C. App. 109 (Jan. 17, 2012) (holding, over a dissent, that where there was a mistake in the plea agreement and where the defendant fully complied with the agreement, and the risk of any mistake in a plea agreement must be borne by the State; according to the court, both parties mistakenly believed that the aggravating factor of use of a firearm could enhance a sentence for voluntary manslaughter by use of that same firearm; the court determined that the State remains bound by the plea agreement and that the defendant must be resentenced on his guilty plea to voluntary manslaughter; the dissenting judge argued that the proper remedy was to set aside the plea arrangement and remand for disposition of the original charge (murder)).